Publications

The outgoing government focused on labour market regulation as part of its last actions. A choice made necessary by the impending economic crisis, which threatens to put a strain on the national production fabric and employment. The government intervened by issuing the Aiuti (Aid) decree (Decree Law 50/2022) and later the Aiuti-ter decree (Decree Law ....

Contracting a viral infection at work is treated as an illness covered by INAIL and proof of the aetiological link can be provided in court by rebuttable presumptions In its Order no. 29435 of 10 October 2022, the Supreme Court overturned the Palermo Court of Appeal’s ruling and provided a different interpretation of the evidentiary ....

A disputed written dismissal notice cannot be proved by witnesses, according to the Court of Cassation ruling no. 26532/2022. The dismissal is null and void for a lack of the required legal format In its order no. 26532 of 8 September 2022, the Court of Cassation stated that the power attributed to the Employment Tribunal ....

The selective criterion based on the number of employees is unsuitable to legitimise a diversification of the consequences of null dismissal If the nullity of dismissals for exceeding the protected period is confirmed, the special penalty regime under paragraph 7 of Art. 18 of the Workers’ Statute applies. This includes the reinstatement, regardless of the ....

The 14 October deadline requires companies with more than 50 employees to submit the two-year personnel report for 2020-2021, governed by Article 46 of Legislative Decree 198/2006. This obligation was reformulated by law no. 162/2021. This was issued to continue the gender equality process – a European objective included in the NRP. The changes concerning ....

Legislative Decree No. 104 of June 27, 2022 implementing EU Directive No. 2019/1152 on transparent and predictable working conditions in the territory of the European Union was published in the Official Gazette on July 29, 2022. The decree adds additional information obligations to those hitherto provided for by Legislative Decree No. 152/1997, providing for an ....

In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on remote controls carried out by the employer and confirmed the legal principles within which the employer may use a detective agency. According to the Supreme Court, the employer may use a detective agency if offences have been committed or there ....

In the Court’s interpretation, the right to an allowance in lieu of untaken leave, at the end of theemployment relationship, is intrinsically linked to the right to paid annual leave In its ruling no. 21781/2022, published last 8 July, the Court of Cassation, Labour Section, ruled (along with several other issues on public employment) on ....